What does this mean?

[freespirit]

What is the name of your state? Oregon

This is just a question: This is the statue of limitations for collection of pass due child support (arrearages). Yes some state do have a statue of limitations on arrearages...

This is a Copy and paste from the state pertaining this - I just don't think I quite understand it...

E1. What is your State?s statute of limitations for collection of past due support?

Prior to January 1, 1994, each overdue payment was a judgment that expired 10 years from the date of accrual if not renewed. Any arrears unexpired on January 1, 1994 and any child support judgment entered after that date expires 25 years from the date of the original child support judgment. (see ORS 25.700).

Does this mean that a child support court order (and the only one) that was intially placed in March of 1979 would expire in March of 2004 as far a collecting any arrearages? Or what exacetly does this mean?

Any input would be appreciated..

Thank you,

 

[Whyte Noise]

No, I think it means that any arrears accrued from 1985 (possibly 1984) onward would fall under the 25 year rule, and not the 10 year rule.

"Prior to January 1, 1994, each overdue payment was a judgment that expired 10 years from the date of accrual if not renewed."

Ex: 1979 arrears would expire in 1989
1980 arrears would expire in 1990
1993 arrears would expire in 2003, etc.

"Any arrears unexpired on January 1, 1994 and any child support judgment entered after that date expires 25 years from the date of the original child support judgment. (see ORS 25.700)."

Anything from 1985 on would be "unexpired" on 1-1-94 because it hadn't been 10 years yet. So, they would all fall under the 25 year rule. An order dated in 1979 would mean that the CS arrears expire in 2004. If there are any arrears from 1985 thru 1-1-94 they'd be uncollectable after 2004 I believe.

 

[freespirit]

Thank you -

Thank you that is what I thougt !

 

[freespirit]

O.K. now they changed it!

O.K. now the Child Support seemed to of changed there statute of limitations or maybe not I can't tell. For one the link:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Where one could go to find out there states child support guidlines etc. has been closed.

So now according to this site reguarding this matter the link is -

http://www.dcs.state.or.us/policy/csp_policy/issue_response_papers/00-33.htm

And this is what it states:

2. Does the arrears establishment procedure operate to "restart" or "renew" the period for expiration of judgment?


There are three categories of arrears to which this concept applies.


A:-Those arrears to which the 25 year statute of limitation applies (arrears that were not expired as of 1/1/94 or accruing after 1/1/94);

B:Those arrears that were expired under the 10-year statute of limitations at the time of arrears establishment (arrears accruing prior to 12/31/83);

c:Those arrears to which the 10-year statute of limitation applies and which had not expired as of the date of arrears establishment (arrears accruing after 12/31/83 and before 1/1/94).

(a) Arrears to which the 25 year SOL applies:

ORS 25.700 states that these judgments are enforceable 25 years after the date of entry of the child support judgment. This 25 year period of expiration may not be renewed. Further, a child support judgment is defined as the underlying judgment, decree or order that creates a child support obligation. As the arrears establishment procedure does not "create" a child support obligation, it could not operate to "restart" or "renew" the statute of limitations with respect to those arrears.

(b) Arrears that were expired under the 10 year SOL at the time of arrears establishment:

As explained above, a judgment expires by operation of law. Once a judgment expires, it cannot be renewed. Consequently, if the arrears were expired at the time of arrears establishment, the establishment process could not operate to "renew" the judgment. The logical conclusion is that the CSP therefore lacks the legal authority to establish these expired arrears.


(c) Arrears to which the 10-year SOL applies and which had not expired as of the date of arrears establishment.

ORS 18.360 provides that the circuit court, on motion, may renew the judgment and cause a notation in the register and the judgment docket indicating the renewal of the judgment to be made. The Court of Appeals has held that "a motion to renew a judgment under ORS 18.360 is a special proceeding of statutory origin and, therefore, is an 'action' as used in the Oregon Rules of Civil Procedure." Ruetter v. RWS Construction, Inc., 128 Or App 365, 370 (1994). A judgment renewal is therefore a specific proceeding controlled by statutory rules. The arrears establishment processes do not, in and of themselves, meet the specific requirements of ORS 18.360. Specifically, the arrears establishment process does not provide for a finding that the judgment is renewed or cause a notation in the register indicating the renewal of judgment as provided in ORS 18.360(1).

Does this still mean the same thing as what was thought the meaning was the above post - or is it different now.


I would appreciate any responses..

This is another site for child support issues if anyone is interested:

They seem to be unbias and it is moderated so there is no name calling or remarks of bad kinds against ones charactor.

http://groups.yahoo.com/group/rightsandgripes/


Thank you,
freespirit

 

[VeronicaGia]

Re: O.K. now they changed it!

O.K. now the Child Support seemed to of changed there statute of limitations or maybe not I can't tell. For one the link:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Where one could go to find out there states child support guidlines etc. has been closed.

Thank you,
freespirit

The above link works. Sometimes it is down because they have to update the site. But I had no problem pulling the site up.

 

[freespirit]

Anyone know what this means?

Does anyone know what this means? Please read above..

Thank you,
freespirit

 

[Whyte Noise]

Nothing changed. Still the same. All this latest copy and paste does is explain the process of not being able to "renew" an expired judgment. Same principles as your first post applies though.

 

[freespirit]

Thank you!

Again this is what I thought .. just child support says they can renew it... well actually they make up diffferent rules, if I say I am the one who the money is owed too (they tell me it can't be renewed due to the 25 year rule...and I would not beable to collect after 2004.

Now if I call and say I am the one who owes and they say it can be renewed.. after 25 years.

Sounds like double standards to me, and they make up rules as they go - I thought the law was the law.

Guess I will have to wait and see next year.

Thanks again!

 

[freespirit]

For anyone who would like to know!

Finally got a direct response from Oregon:

This is how the rule applies.....

The 10 year rule applies every 10 years....

So on an order that was started in 1979... in 12/31/83 arrears would be expired as of that date.

arrears from 01/1/84 - 12/31/94 would expire as this would hit the 10 year mark. In my case also the 25 year mark.

From 1994 to present or until child emanicapted which in my case Oct 95 would still be enforceable and can be renewed for 10 years.

Took a while but finally got an answer.

Just thought I would clarify if someone else might be interested in the Oregon Child Support Statue of limitations.

freespirit